House GOP leaders are opening an investigation into the Office of Special Counsel over claims the federal agency contributed to alleged retaliation against two IRS whistleblowers central to a criminal investigation into Hunter Biden.
House Speaker Mike Johnson (R-LA) joined other GOP leaders in sending a letter to Karen Gorman, acting principal deputy special counsel, Monday requesting a briefing to determine whether the agency was involved with an alleged “smear campaign” against whistleblowers Gary Shapley and Joseph Ziegler. The request comes after Shapley and Zieglar have become central to lawmakers’ investigations into Biden over allegations the Department of Justice gave favorable treatment in its investigation of him.
“[Shapley and Ziegler] did exactly what an honorable government employee should do: When they witnessed wrongdoing, they reported it responsibly and made legally protected disclosures,” party leaders said in a statement. “Because of their bravery and integrity, we are finally beginning to see steps toward accountability. But this has not come without great cost to them.”
The letter was signed by Johnson as well as House Oversight Chairman James Comer (R-KY), Judiciary Chairman Jim Jordan (R-OH), and Ways and Means Chairman Jason Smith (R-MO).
Now, the GOP leaders are pressing the OSC to “conduct an impartial investigation” that the two whistleblowers are being retaliated against by “those seeking to smear these courageous individuals.”
The letter comes after both Shapley and Ziegler submitted whistleblower retaliation claims to the OSC earlier this year, which are currently both pending before the agency.
Shapley’s claim alleges prosecutorial misconduct in the Biden investigation by the office of the U.S. Attorney for the District of Delaware, accusing Attorney David Weiss of retaliating against him in November 2022 after learning Shapley reported wrongdoing by the office.
The Republican leaders cited a document that was filed to the District Court for the Central District of California by Weiss earlier this year with certain phrasing and redactions that fueled “media speculation about whether the whistleblowers themselves are under investigation for wrongdoing.”
It was later discovered the whistleblowers were not under investigation, lawmakers wrote. Rather, the document was related to an OSC investigation into allegations of retaliation against Shapley and Ziegler.
However, the agency “specifically requested” the information be filed under seal, prompting the redactions. The Republican leaders say that move is concerning because it caused the filing to be “interpreted by many to reflect negatively upon the whistleblowers,” which the pair alleges to be a form of retaliation against them for their disclosures.
“The committees were surprised to learn that OSC did not take any meaningful action for nearly two months to correct this unnecessary impression,” the lawmakers wrote.
“The committees understand that the confidentiality of whistleblowers is of the utmost significance,” they added, “but when there is a public filing by the very government official accused of retaliating against the whistleblowers that damages their reputation, and the chain of events leading to that damage appears to have been initiated by OSC. The committees seek to understand why OSC did nothing to mitigate the harm and correct the public record.”
The OSC confirmed to the Washington Examiner that the agency received the letter, but a spokesperson declined to comment.
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The investigation comes one week after Biden was found guilty on federal gun charges in an indictment brought by Weiss late last year. Weiss has also charged Biden with federal tax crimes, with the trial scheduled to begin in September.
Biden has pleaded not guilty.
